When a judge makes a decision in divorce case or child custody case, they issue a court order to explain the decision and give everyone instructions.
That court order is legally enforceable: if you don't follow it, you can be held in contempt of court. If something has changed in your family, then you need to ask the court to modify the court order.
Child Custody Modification
Even the best custody arrangements don't always work forever. There are a number of good reasons to request a custody modification:
- Changes in your personal life, in your work, living arrangement, or marriage status.
- Changes in your children, as they grow and have different needs.
- Changes in the life of the other parent that are affecting or harming the children.
Child custody is set by a court order. To change a child custody order, you will have to go to court.
You will need to explain the change in circumstances—and why a change to the custody order would be in the children's best interest.
You will need to explain how any of the negative effects of the change would be offset by the positive effects.
Do not rely on a verbal or non-binding agreement with your child's other parent. While a casual arrangement might work for a short time, it is not enforceable in court.
Child Support Modification
The Oregon Child Support Guideline Rules are complicated and change frequently. In general, you can modify your Oregon child support payment if:
- Your income has changed;
- Custody has changed;
- The childcare schedule or parenting plan has changed; or,
- Your child's needs have changed.
To make a change to your child support payment, a parent needs to submit a written request to the court. Relying on an informal agreement with your child's other parent can put you in dangerous legal circumstances.
Spousal Support Modification
There are a lot of good reasons to ask for a change in spousal support or alimony payments.
- Employment status or income has changed;
- You or your ex-spouse is remarrying;
- The transitional spousal support is expiring; and/or
- Spousal support is no longer necessary or appropriate.
In most situations, you will need a family law attorney to help with a spousal support modification in Oregon.
Consult our family law attorneys about modification
At Tullos Law, we believe that top quality legal services should be available to everyone. That's why we only charge $100 for a half-hour consultation with our family law attorneys.
Contact us today to set up your consultation with our attorneys in Eugene, Oregon.
Currently, all of our consultations are remote, for everyone's health and safety.